Common use of Maintenance and Repair Standards Clause in Contracts

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall maintain each Terminal in a condition and with a capacity sufficient to throughput a volume of Tesoro’s Products at least equal to the respective Stipulated Volume for such Terminal. TLO’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or other interruption of service that prevents TLO from terminalling the Minimum Throughput Commitment hereunder. To the extent TLO is prevented from terminalling volumes equal to the full Minimum Throughput Commitment for reasons of Force Majeure or other interruption of service, then Tesoro’s obligation to throughput the Minimum Throughput Commitment and pay any Shortfall Payment shall be reduced proportionately in an amount not to exceed the Stipulated Volume for the affected Terminal. At such time as TLO is capable of terminalling volumes equal to the Minimum Throughput Commitment, Tesoro’s obligation to throughput the full Minimum Throughput Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput or storage capacity of any Terminal should fall below the capacity required for throughput of the Stipulated Volume for that Terminal, then within a reasonable period of time after the commencement of such reduction, TLO shall make repairs to the Terminal to restore the capacity of such Terminal to that required for throughput of the Stipulated Volume (“Restoration”). Except as provided below in Section 32(c), all of such Restoration shall be at TLO’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Tesoro, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall maintain each Terminal in a condition and with a capacity sufficient to throughput a volume of Tesoro’s 's Products at least equal to the respective Stipulated Volume for such Terminal. TLO’s 's obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or other interruption of service that prevents TLO from terminalling the Minimum Throughput Commitment hereunder. To the extent TLO is prevented from terminalling volumes equal to the full Minimum Throughput Commitment for reasons of Force Majeure or other interruption of service, then Tesoro’s 's obligation to throughput the Minimum Throughput Commitment and pay any Shortfall Payment shall be reduced proportionately in an amount not to exceed the Stipulated Volume for the affected Terminal. At such time as TLO is capable of terminalling volumes equal to the Minimum Throughput Commitment, Tesoro’s 's obligation to throughput the full Minimum Throughput Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput or storage capacity of any Terminal should fall below the capacity required for throughput of the Stipulated Volume for that Terminal, then within a reasonable period of time after the commencement of such reduction, TLO shall make repairs to the Terminal to restore the capacity of such Terminal to that required for throughput of the Stipulated Volume (“Restoration”). Except as provided below in Section 32(c), all of such Restoration shall be at TLO’s 's cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Tesoro, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall maintain each Terminal in a condition and with a capacity sufficient to throughput a volume of Tesoro’s Products at least equal to the respective Stipulated Volume for such Terminal. TLO’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or other interruption of service that prevents TLO from terminalling the Minimum Throughput Commitment hereunder. To the extent TLO is prevented from terminalling volumes equal to the full Minimum Throughput Commitment for reasons of Force Majeure or other interruption of service, then Tesoro’s obligation to throughput the Minimum Throughput Commitment and pay any Shortfall Payment shall be reduced proportionately in an amount not to exceed the Stipulated Volume for the affected Terminal. At such time as TLO is capable of terminalling volumes equal to the Minimum Throughput Commitment, Tesoro’s obligation to throughput the full Minimum Throughput Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput or storage capacity of any Terminal should fall below the capacity required for throughput of the Stipulated Volume for that Terminal, then within a reasonable period of time after the commencement of such reduction, TLO shall make repairs to the Terminal to restore the capacity of such Terminal to that required for throughput of the Stipulated Volume (“Restoration”). Except as provided below in Section 32(c), all of such Restoration shall be at TLO’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Tesoro, its employees, agents or customerscustomers or the failure of Tesoro’s Products to meet the specifications as provided for in Section 11(a).

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for planned repair and maintenance scheduled in advance and other routine repair and maintenance, maintenance consistent with customary terminal industry standards, TLO the Operator shall maintain each the Terminal in a condition and with a sufficient aggregate capacity sufficient to throughput a volume of Tesorothe Company’s Products at least equal to the respective Stipulated Volume for such TerminalMinimum Throughput Capacity. TLOThe Operator’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or other interruption of service interruptions for routine repair and maintenance consistent with industry standards that prevents TLO prevent the Operator from terminalling providing the Minimum Throughput Commitment hereunderCapacity. To the extent TLO the Company is prevented for 30 or more days in any Contract Year from terminalling throughputting volumes at the Terminal equal to the full Minimum Throughput Commitment Capacity for reasons of Force Majeure or other interruption of serviceservice affecting the facilities or assets of the Operator, then Tesoro’s obligation to throughput the Minimum Throughput Commitment and pay any Shortfall Payment shall be proportionately reduced proportionately in an to the extent of the difference between the Minimum Throughput Capacity and the amount not to exceed that the Stipulated Volume Operator can effectively throughput at the Terminal (prorated for the affected Terminalportion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable) regardless of whether actual throughput amounts prior to the reduction were below the Minimum Throughput Commitment. At such time as TLO the Operator is capable of terminalling throughputting volumes equal to the full Minimum Throughput CommitmentCapacity, Tesorothe Company’s obligation to throughput the full Minimum Throughput Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput or storage capacity of any at the Terminal should fall below the capacity required for throughput of the Stipulated Volume for that TerminalMinimum Throughput Capacity, then within a reasonable period of time after with due diligence and dispatch, the commencement of such reduction, TLO Operator shall make repairs to at the Terminal to restore the capacity of such the Terminal to that required for throughput of the Stipulated Volume Minimum Throughput Capacity (“Restoration”). Except as provided below in Section 32(c)5.3, all of such Restoration shall be at TLOthe Operator’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Tesorothe Company, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO Provider shall maintain each Terminal in a condition and with a capacity sufficient to throughput a volume of TesoroCustomer’s Products Asphalt at least equal to the respective Stipulated Volume Minimum Commitments for such Terminal. TLOProvider’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or other interruption of service that prevents TLO Provider from terminalling the Minimum Throughput Commitment Commitments hereunder. To the extent TLO Provider is prevented from terminalling volumes equal to the full Minimum Throughput Commitment Commitments for reasons of Force Majeure or other interruption of service, then TesoroCustomer’s obligation to throughput the Minimum Throughput Commitment Commitments and pay any Shortfall Payment shall be reduced proportionately in an amount not to exceed the Stipulated Volume for the affected Terminalproportionately. At such time as TLO Provider is capable of terminalling volumes equal to the Minimum Throughput CommitmentCommitments, TesoroCustomer’s obligation to store or throughput the full Minimum Throughput Commitment these amounts shall be restored. If If, for any reason, including, without limitation, a Force Majeure event, the throughput or storage capacity of any Terminal should fall below the capacity that required for throughput of the Stipulated Volume by Customer for that Terminal, then within a reasonable period of time after the commencement of such reduction, TLO Provider shall make repairs to the Terminal to restore the capacity of such Terminal to that the storage or throughput capacity required for throughput of the Stipulated Volume by Customer (“Restoration”). Except as provided below in Section 32(c)23.3 and 23.4, all of such Restoration shall be at TLOProvider’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of TesoroCustomer, its employees, agents agents, representatives or customerscustomers or the failure of Customer’s Asphalt to meet the specifications as provided for in Article 11.